Claims for clergy malpractice are constitutionally barred because such actions require courts to determine whether the religious leaders properly interpreted and applied the tenets of their faith. It has been held that “[a]llowing a secular court or jury to determine whether a church and its clergy have sufficiently disciplined, sanctioned, or counseled a church member would insert the State into church matters in a fashion wholly forbidden by the Free Exercise Clause of the First Amendment.”

Therefore, when suit is brought against a religious leader, a careful review must be made to determine if the action includes a prohibited claim for clergy malpractice.